Patna High CourtCR. MISC./17505/2015bail granted

Umair Khan And ORS v. The State Of Bihar

2015-05-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17505 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Umair Khan Son of Jubair Khan,

2. Ujair Khan, Son of Jubair Khan,

3. Sadab Khan @ Md. Sadaf Khan @ Sadaf Khan, Son of Badhu Khan, All residents of village - Horidih, P.S. - Nimchak Bathani, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-05-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 448, 379, 427, 307 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that the accused persons came with arms, sword, country made pistol and committed theft in the house of the informant and informant's maternal uncle.

It is submitted by the learned counsel for the petitioners that the specific accusation of firing is against co-accused Mumtaz Khan, but no injury was caused to anyone. There is counter version of the occurrence being

Patna High Court Cr.Misc. No.17505 of 2015 (2) dt.15-05-2015 Nimchak Bathani P.S. Case No. 63 of 2014. Co-accused Mumtaz Khan has been granted bail vide Cr. Misc. No. 5774 of 2015.

Considering the fact that there is no recovery from the possession of the petitioners, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Nimchak Bathani P.S. Case No. 62 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T